HomeMy WebLinkAbout2311ORDINANCE NO. 2311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING ARTICLE II,
CHAPTER 6, PART 7 OF THE ARCADIA MUNICIPAL
CODE BY REPEALING SECTION 2671.5 AND AMENDING
SECTION 2671.6 RELATING TO GAS, WATER AND
ELECTRIC UTILITY USERS TAX RATES; AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 2671.5 of Article II, Chapter 6, Part 7 of the Arcadia
Municipal Code relating to Suspension of the Water Tax is hereby repealed in its
entirety.
SECTION 2. Section 2671.6 of Article II, Chapter 6, Part 7 of the Arcadia
Municipal Code relating to gas and electric utility users tax is hereby amended to read
as follows:
2671.6. — ADJUSTMENT TO OR SUSPENSION OF A
PORTION OF- THE UTILITY USERS TAX RATE.
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meFe being f9F diffeFent perieds than aRGtheF, the Fate set fGiFth in this
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The utility users tax shall be reviewed annually by the City Council and the
City Council may, by ordinance or resolution, adjust the rate or temporarily
suspend all or a portion of the tax, as appropriate to the financial condition
of the city. No adjustment to the rate or temporary suspension of the tax
shall constitute a decrease in a tax, or an increase in a tax requiring voter
approval under California Constitution Article XIIIC (Proposition 218);
provided the City Council's action does not increase the tax beyond the
maximum rate or methodology set forth in this voter - approved ordinance.
To the extent that any aspect of a rate adjustment or temporary tax
suspension is found to invoke such a requirement under Proposition 218,
the entire City Council action shall be deemed null and void ab initio, and
there shall be no entitlement to adjustment or suspension for any service
user."
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SECTION 3. Pursuant to Section 419(c) of the City Charter, this Ordinance fixes
the rate of taxation within the City and, therefore, takes effect immediately upon
adoption.
SECTION 4. Pursuant to Arcadia Municipal Code, Section 2671.6, because this
Ordinance makes adjustments to gas, water and electric utility users taxation rates
within the 7% maximum rate previously approved by Arcadia voters in 2009, no further
voter approval or other action is required to make the adjustments set forth herein. The
City Council hereby reserves the authority to make future adjustments to utility users
taxation as provided in Section 2671.6.
SECTION 5. Pursuant to Public Utilities Code, Section 799(a)(5), the City
Council hereby directs staff to provide to affected utility suppliers written notice of the
rate adjustments made by this Ordinance along with all requisite supporting information.
Under Section 799(a)(5), affected utility suppliers are required to collect utility users tax
from utility users /customers at the newly adjusted rate not earlier than 60 days from the
date on which the affected utility suppliers receive the written notice and information
from the City, or if the 60th day is not the first day of a month, on the first day of the
month following the month in which the 60th day occurs.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of the City within
fifteen (15) days upon its adoption.
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Passed, approved and adopted this 2nd day of July , 2013.
ATTEST:
`Ci4ler
APP_ ROVED AS TO FORM:
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Step en P. Deitsch
City Attorney
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or of the City of Arcadia
Tempore
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2311 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 2nd day of July, 2013 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Harbicht, Kovacic and Wuo
NOES: Council Member Amundson
ABSENT: Mayor Segal
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i y rk of the City of Arcadia